IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005037
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-4X-XXX8 vice XXX-5X-XXX2.
2. The applicant states the SSN shown on his DD Form 214 is incorrect; the fourth digit of his SSN is 4 and the last digit is 8.
3. The applicant provides his DD Form 214 and social security card.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States (AUS) on 16 April 1968. In conjunction with his induction into the AUS, he completed a DD Form 398 (Statement of Personal History) on 16 April 1968 wherein he listed his SSN with the fourth digit as 4 and the last digit as 8.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the fourth digit as 4 and the last digit as 8.
4. His record contains orders, personnel, and medical documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450), dated 4 February 1969, that all show his SSN with the fourth digit as 4 and the last digit as 8.
5. He was honorably released from active duty on 7 April 1970 and he was transferred to the U.S. Army Reserve. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the fourth digit as 5 and the last digit as 2.
6. The applicant provides his social security card wherein it shows his SSN with the fourth digit as 4 and the last digit as 8.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon the applicant's induction into the AUS, he listed his SSN with the fourth digit as 4 and the last digit as 8 and this is the SSN he used throughout his active duty service. It appears an administrative error occurred during the preparation of his DD Form 214 and his SSN was entered with the fourth digit as 5 and the last digit as 2. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is shown on his social security card.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the SSN shown in item 3 and replacing it with the SSN as shown on his social security card.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140005037
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005037
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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